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MEURER STEEL BARREL CO., v. MARTIN

No. 3110.

1 F.2d 687 (1924)

MEURER STEEL BARREL CO., Inc., v. MARTIN.

Circuit Court of Appeals, Third Circuit.

October 1, 1924.

Attorney(s) appearing for the Case

William F. Knox, and Moorhead & Knox, all of Pittsburgh, Pa., for plaintiff in error.

Thorp, Bostwick, Stewart & Reed, of Pittsburgh, Pa. (Charles M. Thorp, Jr., and W. D. Stewart, both of Pittsburgh, Pa., of counsel), for defendant in error.

Before WOOLLEY and DAVIS, Circuit Judges, and RELLSTAB, District Judge.

WOOLLEY, Circuit Judge.

The plaintiff brought this action in assumpsit to recover damages from the defendant for breach of a contract wherein the plaintiff, owner of Letters Patent No. 891,895, had granted the defendant a non-exclusive licence to practice the invention for the life of the patent upon payment of royalties of not less than $5,000 a year, terminable by the plaintiff upon sixty days' written notice. The parties stipulated the facts, waived a jury and...

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